Pension issue is the reason why the appointment of retired police officer Byron Hickey to the council was put on hold

COLUMBUS, Ga. (WRBL) — The swearing-in of a former Columbus police officer to the City Council is currently on hold due to questions about how the new job would affect his city pension.

Byron Hickey was confirmed by the council on May 28 by a vote of 6-3 to fill the vacancy caused by the death of 1st District Councilman Jerry “Pops” Barnes.

Hickey served with the Columbus Police Department for over 30 years before retiring in 2010 after settling a discrimination lawsuit with the city.

He was sworn in by Probate Judge Marc E. D’Antonio on Monday. He was scheduled to be sworn in by Superior Court Judge Art Smith on Tuesday evening. Due to the consolidated city/county government, council members must be sworn in as county commissioners and aldermen.

The second swearing-in ceremony was abruptly cancelled late Tuesday.

“The council and Mr. Hickey simply decided to delay the swearing-in until we resolve the issue of Mr. Hickey’s pension,” said Councilmember Judy Thomas, one of the six councilmembers who supported Hickey’s addition to the council. “And that’s where we are now, trying to resolve the issue of his pension.”

City councilors in Columbus receive an annual salary of about $20,000, but under the city constitution they are considered full-time employees and receive benefits such as a pension and health insurance.

“The statute states that a full-time city employee is not entitled to a pension from the city,” Thomas said.

Hickey declined to comment on the details of the delay in his appointment.

“I put this in God’s hands,” Hickey said.

Lawyers are currently reviewing the options. Thomas said that since the pension law is at stake, the council cannot simply vote for a change.

“There’s more to it,” Thomas said. “…We’re asking our pension attorneys in particular. This will be forwarded to the pension committee. Even if Mr. Hickey ultimately does not remain in office, this issue will be resolved and considered for future candidates.”

This is not the first time such a situation has arisen. In 2006, former police chief Jim Wetherington was elected mayor. He could not serve as mayor and continue to collect his city pension. Wetherington waived his pension for the four years he served.

Thomas hopes that the problem can be solved by getting Hickey on the council.

“I certainly hope that Mr. Hickey can take office,” Thomas said. “That’s why I voted for him in the first place. But I also hope that we can resolve this issue so that from now on we and the candidate know some of the consequences of him being elected or appointed.”